D K TYAGI Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of FIR No. RC.AC.3/2004-A0002 dated 24.05.2004, lodged under Section 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act and Section 120B IPC r/w Section 420/468/471 IPC, P.S. ACU-III, CBI.

(2.) The main ground taken by the petitioner is that the respondent had not obtained sanction against the petitioner under Section 197 Cr.P.C. It is contended that since the petitioner was charged with the offence under IPC along with offences under the provisions of corruption act and the offence under IPC could not be separated from the offences of prevention of corruption act and even if no sanction was necessary under Prevention of Corruption Act, sanction under Section 197 Cr.P.C. was necessary for offence under IPC since the petitioner was a public servant.

(3.) It is not disputed that the petitioner was terminated from the service after holding an inquiry. The Supreme Court in State of Kerala v. K. Karunakaran, 2003 CrLJ 2225, observed as under: